Los Angeles daily herald., 1887-03-19
PROCLAMATION! |!
STA OF CALIFORNIA,
EXECUTIVE DEPARTMENT. I
SACRAMENTO. Mai ch Is, 1887. }

SACRAMEN1O, NldiCu III, hoef'|
WHEREAS. the Legislature of the State OF
California, at its twenty-sevenths session. be-
ginning on the third day OF January, A. ID.
eighteen hun ired and eighty-seven, two
thirds of all the members elected to each OF
the two Houses of said Legislature voting In
favor thereof, proposed the following de-
scribed amendments to the Constitution OF
the State of California, to wit:
AMENDMENT NUMBER ONE.
To propose to the people Of the State an
amendment to the Constitution of the
State. relative to the Judiciary Depart
ment.
Resolped, That the Legislature of the State
of California, at its regular session, com
mencing on the third day of January, A. ID.
eighteen hundred and eighty'seven, Two
the Houses of said Legislature voiing In IA
yor thereof, hereby propose that sections
two and three of article vi. OF the Constitu
tion of said Sta.e be amended 10 read as
follows:
section q The Supreme Court shall n
sist of seven Justices. The Associate JUS
tices of the Supreme Court, in office at the
time of the adoption OF this amendment to
the Constitution are hereby continued In
office as Justices OF the Supreme Court for
the remainder of the terms to which they
were respectively elecled. The justices
shall elect one of their number 10 be Cnlei
Justice, and he shall hold the office OF Chief
Justice of said court for term OF two
Chief Justice first elected, and every two
years thereafter the Justices shall elect
Chief Justsce for d like term of two years.
An entry of the election OF such Chief Jus
tice shall be made in the minutes of the
court and signed by four Justices. When
ever thereafter a vacancy occurs in the Of
fee of Chief Justice. a like election shall
be had to nil such Office for the unexpired
term. The Supreme Court may sit in de-
partments or in bank, and shall always be
open for the transaction of business. There
shall be two departments, denominsted. re.
kpectively, Department One and department
Two. The Chief Justice shall assign three
OF the Justices to each department, and
.uch assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department, and
may interchange with each other BY agree
ment among themselves or as ordered by
the Chief Justice. Each OF the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court in bank. The
presence OF three Justices shall be necessary
to transact any business in either of the de-
partments, except such as may be done at
chambers, and the concurrence OF two JUS
tees shall be necessary to pronounce a
judgment. The Chief Justice shall apportiOn
the business to the departments and msy,
in his discretion. order any cause pending
before the Court to be heard and decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
department; but wnefe cause has been al
lotIed to one OF the departments, and Judg.
ment pronounced thereon, the order must
be made within thirty days after such judg.
ment and concurred in by twoJustices, and II
SO made 1t shall have the effect to vacate and
set aside the judgment. Any four Justices
may, either before or after judgment by a
bank. If the order be not made wit 1in the
time above limited, the Judgment shall be
final. No judgment by department shall
become final until the expiration. of the
period of thirty days aforesaid, unless ap-
proved by the Chief Justice. in writing,
with the concurrence of two Justices. The
Chief Justice may convene the Court in
Eank at any time, and shall be the presiding
Justice of the Court when so convened. The
concurrence of four Justices present at the
argument shall be necessary to pronounce a
| judgment in bank; but If four Justices, SO
present, do not concur in judgment, then
| all the Justices qualified to sit in the cause
snail hear the argument; but 10 render a
| judgment a concurrence of four Judges
shall be necessary. In the determination
OF causes all decisions of the Court in
| bank, or in departments, shall be given
in writing and the grounds of the decision
in either department, and shall preside
when SO sitting, but The Justices assigned
| to each department shall select one of their
| number as presiding Justice. In case of
the absence of the Chief Justice from the
pla ce at which the court is held, or his ina
bility to act, the Associate Justices shall Sc
| lect one of the r own number to perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
bility to act. The Supreme Court Commits.
zion, created by the act OF the Legislature,
approved March twelfth, eighteen hundred
and eighty-fve, shall continu' and be a Su-
preme Court Commission for four years af-
ter the adoption of this amendment. Said
commission may be continued for such
time thereafter as may be fixed by an act
passed by vote of two-thirds of the elected
members OF each House of the Legislature,
and approved by the Governor. The mem
bers thereof and Secretary shall be ap-
pointed as in said act provided; and such
commissioners shall be subject to removal
in like manner as the Judges OF the Su-
preme Court. Said commission shall have
causes possessed by a department of the
Supreme Court, and causes may be assigned
to the commission in the same manner they
are assigned to department. and after de-
cisiOn they may be ordered heard in bank
in the same way, and with like restrictions
| as II deci led In department. The judg-
ments of the commission shall be entered
| as the judgments of the court. The COM
mission shall sit at such times and places as
may be designated by the court, but such
commissioners shat not exercise any
| judicial functions except when assem-
bled as a commission, and then they
shall only have power to hear and deter
mine such causes as may have been assigned
| to them.
| Section 8. The Justices of the Supreme
Court shall be elected by the qualified
electors of the State at large, at the genera
State elections. and the times and places a
sntx &atA eff atn nd he
| term of office shall be twelve years from
and after the first Monday after the frs
day of January next succeeding their elec
tion. Three Justices shall he elected fol
the full term at the general State election
held in eighteen hundred and ninety; and
at the general election held every fourth
year thereafter, two Justices shall be elect
ed for full terms of twelve years, except
that in every twelfth year thereafter, three
Justices hall be elected for full terms. II
permanently disqualified, 'either mentally
or phy ysically, to perform the duties OF his
office. and such fact is certified to the Gov
ernor by five Justices, one OF whom may be
the Chief Justice in case of the disability OF
a Justice, the ONCE 81 sucn disquailnea
he shall be paid retiring salary of two
hundred aud fifty (250) dollars per month
for the remainder OF his term. II vacancy
exist or occur in the Office of Justice, the
Governor shall appoint person to nod the
term. The Governor shall appoint Justice
to hold office as Justice for the unexpired
Term of the late Chief Justice.
AMENDMENT NUMBER TWO.
IN propose to the people of the State an
Amendment to the Constitution of the
State, relative to the salaries OF the
Judiciary Department.
Rcsolved. That the Legislature OF the State